Patna High CourtCR. MISC./49073/2015bail granted

Md. Subhan @ Md. Subhan Mian @ Subhan v. The State Of Bihar

2015-12-11Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.49073 of 2015 (3) dt.11-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49073 of 2015 Arising Out of PS.Case No. -160 Year- 2008 Thana -JOGBANI District- ARARIA ======================================================

1. Md. Subhan @ Md. Subhan Mian @ Subhan S/o Khataru Mian resident of Village- Tappu Tola, Jogbani, P.S. Jogbani District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Raj Kishor Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Jogbani P.S. Case No. 160 of 2008 registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code. The petitioner is not named in the F.I.R. He has been remanded in this case on 22.04.2015 but he has not been put on T.I.P.. Nothing has been recovered from possession of the petitioner and similarly situated other co-accused have been allowed bail by different Benches of this Court. Only three witnesses have stated that they have seen the petitioner and others while they were fleeing away after the occurrence and those witnesses are of different villages.

Patna High Court Cr.Misc. No.49073 of 2015 (3) dt.11-12-2015 In the facts and circumstances stated above, the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned J.M. 1st Class, Araria arising out of Jogbani P.S. Case No. 160 of 2008 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U